Will Disputes Lawyers
in NSW
Defending Your Rights, Protecting Their Wishes
✔ Contesting and challenging Wills.
✔ Family Provision Claims, Executor disputes, & intestacy.
✔ No win, no fee options available for specific disputes.
✔ Empathetic and compassionate legal guidance.
✔ Peaceful resolutions through negotiation and mediation.
Disputing a Will
Losing a loved one, family member, or friend is always difficult. At this challenging time when you’re dealing with grief, the last thing you want is arguments or disagreements over the recently passed’s assets and wishes. But Will Disputes are a reality and often a necessity … and acting appropriately and calmly is crucial.
Will Disputes in NSW occur when there are objections or conflicts over the Will’s contents, legality, or administration. Perhaps you feel you’ve been unfairly left out of a Will, have suspicions about its validity, or are disappointed by the actions of the Executor. You may even be on the other side … defending the Will and the deceased’s wishes.
Whatever your position, professional legal advice is crucial. Will Disputes are stressful, time-sensitive, and legally complex. The correct guidance can be the difference between a peaceful resolution and a lengthy conflict.
As experienced Will Dispute lawyers in Sydney, Falzon Legal assists with contesting and challenging Wills, Executor and beneficiary disputes, and more. With compassion and clarity, we offer both legal and emotional support … always striving to achieve a fair and just outcome.
Will Dispute Lawyers Services
Contesting and Challenging a Will
Family Provision Claims
Executor and Beneficiary Disputes
Defending a Will
What Are Will Disputes?
Of course, these objections occur at an emotionally tough time, only adding to the heartache. But, sometimes they are necessary to ensure that everything is done lawfully and fairly … both for the deceased and their beneficiaries.
Most commonly, the grounds to dispute a Will include:
- Family Provision Claims – when someone feels that they’ve received inadequate support from a Will, or they’ve been left out completely.
- Undue influence – worries that the Will was written by the deceased under pressure or coercion.
- Executor issues – a belief that the person nominated by the Will-maker to manage their estate is acting slowly, with bias, or inappropriately.
- Beneficiary disagreements – arguments between the beneficiaries about who gets what, the assets, or how the Will is interpreted.
- Intestacy disputes – when someone dies without a Will, and loved ones disagree about who should receive an inheritance and how much.
Types of Will Disputes We Handle
Contesting or Challenging a Will
These are the two categories for disputing a Will into which most oppositions fall.
Contesting is when you claim that the Will doesn’t give you the support you need, and that the Will-writer had a moral obligation to provide for you … usually made through a Family Provision Claim.
Challenging is the situation where you believe that the Will isn’t legally enforceable … i.e. it’s an invalid Will. This could be due to the Will being incorrectly signed or witnessed, suspicions that the Will-writer was coerced into creating the Will, or that the Will itself is a forgery.
Family Provision Claims
A Family Provision Claim is a type of Will contest. It’s when, under the Succession Act 2006 (NSW), an eligible person looks for further support or maintenance from the deceased’s estate … as they believe they were inadequately provided for. Eligible persons are typically spouses, children, or dependents of the deceased.
Claimants are usually beneficiaries who feel that their inheritance was too small for their needs, or people omitted from the Will who believe they should have been included. Family Provision Claims may also apply where there is no valid Will. i.e. intestacy.
Intestacy Disputes
If someone dies without a Will in NSW, or that Will is considered to be informal or invalid, the intestacy laws state who inherits what from the estate. In most cases, the primary beneficiary is the next of kin.
Although sounding like a simple process, it rarely is. Conflicts can and do occur … in blended families, when dependents who are not related to the deceased are overlooked, and arguments about who should be appointed as the administrator.
Falzon Legal is a dedicated Wills and Estate lawyer, assisting individuals in fighting the statutory distribution through Family Provision Claims. We work relentlessly to ensure that forgotten about or disadvantaged individuals receive the just consideration they deserve.
Executor and Beneficiary Disputes
Sometimes, Will Disputes aren’t about legal validity or who receives what. During the administration process, arguments can arise between the Executor and the beneficiaries … usually when those expecting or due an inheritance feel that the Executor is somehow failing in their duties.
Typically, accusations include excessive delays, how the estate is being distributed, how the Will is interpreted, and mismanagement of the estate. Beneficiaries can even fall out among themselves, in a type of internal Family Will Dispute, particularly if one individual feels that others are receiving preferential treatment.
Defending a Will or Estate
If you find yourself as a beneficiary or Executor needing to defend a Will against a contest or challenge … you need powerful and effective legal advice. As an inheritance Will Dispute lawyer, Falzon Legal helps you uphold the deceased’s final wishes and protects their estate from unjust attacks.
Whether a Will contest or challenge, we pursue every avenue to protect your and the recently passed’s best interests. This could mean proving the Will is legal, showing that beneficiaries were given suitable provision, or fighting caveats that aim to prevent or delay Probate.
Learn More About Defending a Will or Estate
How Will Disputes Are Resolved
In the vast majority of circumstances, conflicts and disagreements are amicably resolved through strategic negotiation and mediation. This means less anxiety, lower legal expenses, and no need to go through a formal hearing process.
Negotiation
This is when both parties sit down and chat openly and clearly … often with the support of their respective legal representatives. Those disputing the Will, and the person defending (usually the Executor), strive to respectfully come to an agreement. This means that the matter is resolved early and affordably.
Mediation
While similar to negotiation, as it involves talking to reach an agreement, the difference lies in that it’s overseen by an independent mediator. They work to find common ground between the parties. Often, the court indicates that mediation must first occur before any hearings take place.
Court Proceedings
Should negotiation or mediation not find a solution, the matter may go to the Supreme Court. Here, lawyers use evidence, legal arguments, and witnesses to present or defend the case. Although quite rare, expensive, and time-consuming … they can be necessary in the cases of stalemate.
Your Calm but Unyielding Advocate In and Out of Court
As a dedicated Wills and inheritance lawyer, Falzon Legal knows that disputes bring heartache and stress. That’s why we work tirelessly to find peaceful outcomes through calm and genuine discussions rather than courtroom conflicts.
Why Choose Falzon Legal for Your Will Dispute?
Specialist Experience in Estate Litigation
We have deep insights and experience in all areas of Will Disputes … including the highly complex issues of fraud, undue influence, and Executor mismanagement. Whether your case is straightforward or emotionally sensitive, you’re guided by unmatched professionals.
Balanced Approach
Whether we’re contesting, challenging, or defending … our commitment to your best interests is equally resolute. As we’re experts on both sides of the coin, we have powerful strategic advantages in anticipating and fighting the opposing side’s tactics.
Commitment to Resolving Disputes Quickly and Effectively
Promptness is as important for success as it is for your peace of mind. Most disputes are time-critical, meaning timely action is crucial. And the sooner the matter is resolved, you’re saved from emotional turmoil and unnecessary costs.
FAQs About Will Disputes in NSW
How Long Do You Have To Dispute a Will?
In the state of NSW, you have 12 months from the deceased’s death to mount a Will contest, such as a Family Provision Claim. If it’s a Will challenge, i.e. you’re questioning the validity of the Will itself, there’s no regulatory time frame.
However, the longer you leave it, the more unlikely it is you will be successful … especially if Probate has been granted or assets have already been distributed.
Is Disputing a Will After Probate Possible?
Yes! Even after Probate, you can contest or challenge a Will.
Can You Dispute a Will if You’re Not Named in the Will?
Indeed you can. Even if you’ve been left out of the Will, you may still be allowed to dispute it.
For a Family Provision Claim, you must be an eligible person under the Succession Act … such as a spouse, child, or dependent. If you’re challenging the legality of the Will, it doesn’t matter if you’re not an eligible person nor mentioned in the Will.
Can You Dispute a Will if You’re Not Eligible for a Family Provision Claim?
Yes, possibly, although it would need to be a Common Law Personal Injury Claim, not a Family Provision Claim.
If you suffered emotional, sexual, or physical abuse by the deceased, you can claim for historical abuse based on the damage you suffered. And, unlike Family Provision, your eligibility doesn’t depend on your relationship or wealth status.
Furthermore, the statute of limitations has generally been removed for most historical abuse claims in NSW, allowing you to seek recompense long after the unfortunate incident occurred.
How To Dispute a Will in NSW?
First, take legal advice. An expert lawyer will check your eligibility and inform you of your likely chances of success.
Then, you begin the dispute process by either:
- Contesting – making a Family Provision Claim, stating you believe you were insufficiently provided for.
- Challenging – lodging a challenge that argues that the Will isn’t legally enforceable, perhaps due to fraud or undue influence.
Who Can Dispute a Will?
Contest can only be made by those considered as eligible persons, usually:
- Spouses, former spouses, and de facto partners.
- Children – including adult, step, half, estranged, or adopted.
- Financial dependents and members of the deceased’s household.
Challenges don’t require you to be an eligible person, but you must have a genuine interest in the estate, such as:
- Beneficiary of the current or the previous Will.
- Next of kin who would inherit if there were no Will under intestacy.
- People with evidence or knowledge that the Will was incorrectly made or executed.
Furthermore, you can also make a claim against an estate for historical physical, sexual, or emotional abuse … even if you’re not an eligible family member and are financially comfortable. This is a Personal Injury Claim and requires proving the damage you experienced, not your financial need.
What Does It Cost To Dispute a Will?
These vary, depending on how complex the case is and whether it’s resolved through negotiation, mediation, or court action. Often, legal expenses may be paid by the estate for all parties if there have been multiple wills made and the court has to test the validity of each will, to determine the final will.
Can an Executor Be Removed?
If you believe it’s necessary to relieve an Executor of their duties … you need to make an application to the Supreme Court of NSW. It will only act if it sees that the Executor is severely delaying the administration of the estate, acting dishonestly, or is unfit to act.
Usually, the responsibility lies with you to prove that there is evidence of misconduct, incapacity, or conflicts of interest.
What Happens if Someone Dies Without a Will?
Known as dying intestate, the estate is then distributed by an Administrator in line with the rules of intestacy. This usually gives priority to the next of kin. You can still, however, make a Family Provision Claim if you feel the allocation under intestacy doesn’t adequately support your needs.
Do You Do No Win No Fee Will Disputes?
Yes, we do, for a wide range of Will Dispute matters. This can include:
- Intestacy disputes.
- Undue influence claims.
- Lack of testamentary capacity.
- Will fraud or forgery.
- Estate administration disputes.
- Executor disputes.
- Beneficiary disputes.
- International will disputes.
Each case is examined individually, and we can tell you whether a No Win, No Fee is suitable in your circumstances. If it is, it means you don’t pay any fees unless we achieve the outcome you want.
Have More Questions About Will Disputes?
Speak With a Will Disputes Lawyer Today
Whether you’re considering contesting or challenging, or looking at the responsibility of defending a Will, we are by your side. Bringing unmatched experience, relentless support, and ceaseless understanding … we help you find resolution to the most sensitive matters, with dignity and respect.